50-59b
Elections
Cite as N.D. Op. Att'y Gen. 50-59b
OPINION
50-59
July 21, 1950 (OPINION)
ELECTIONS
RE: Electioneering on Election Day
Yours of the nineteenth re above has been received and referred to my
desk.
You state that one of the judges of election who had not filed as a
candidate for precinct committeeman and therefor did not have his
name upon the ballot, did have his name written upon a blackboard in
the polling place as such candidate. He received a majority over the
candidate who had filed and whose name was upon the ballot.
It is our opinion that the writing of his name on a blackboard and
displaying it in the polling place constitutes at least a technical
violation of section 16-2019 N.D.R.C. 1943 prohibiting electioneering
on election day. If prosecuted and convicted under this section, he
would be deprived of his office under section 16-2022 N.D.R.C. 1943.
The writing of the name on the blackboard, however, would have no
effect upon the election so far as the other offices are concerned.
ELMO T. CHRISTIANSON
Attorney General